(A) If the Prosecuting Attorney intends to seek an enhanced sentence under § 95.999 of this chapter based upon the defendant having one or more prior convictions, the Prosecuting Attorney shall include on the complaint and information filed in District Court, Circuit Court, Recorder’s Court, Municipal Court or Probate Court a statement listing the defendant’s prior convictions.
(B) A prior conviction shall be established at sentencing by one or more of the following:
(1) An abstract of conviction;
(2) A copy of the defendant’s boating record; and/or
(3) An admission by the defendant.
(C) A person, who is convicted of an attempted violation of § 95.210(A) or (C) of this chapter, shall be punished as if the offense had been completed.
(D) When issuing an order under this part, the Secretary of State and the court shall treat a conviction of an attempted violation of § 95.210(A) or (C) of this chapter, former § 171(1) or (3) of the Marine Safety Act, a local ordinance substantially corresponding to § 95.210(A) or (C) of this chapter or a law of another state substantially corresponding to § 95.210(A) or (C) of this chapter the same as if the offense had been completed.
(Prior Code, § 21.5-124) (Ord. 1048, passed 5-18-1998)